Chicago-Kent SAD Scheme Symposium TOMORROW
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to attend and will likely be active during Q&A. I encourage…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
The Ninth Circuit’s Flood of TOS Formation Cases
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in the (free!) Online Contracts chapter from my Internet Law casebook….
Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post)
[Cross posted with permission from Prof. Rebecca Tushnet’s Blog.] When they tell you that Schedule A cases are against counterfeiters, keep in mind that trademark owners are willing to call pretty much anything “counterfeiting,” including ads for compatible parts. Here,…
Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants
When I first encountered the SAD Scheme, I felt like Alice entering Wonderland. The scheme was so obviously whacked that I felt like I had tumbled into an upside-down jurisprudential world. I was sure that the SAD Scheme’s illegitimacy was…
Catching Up on the Bogus “Yelp Law” Litigation Campaign–Tao v. Uniqlo
[Personal note: the Free Speech Coalition v. Paxton ruling took a lot of wind out of my blogging sails. First, the opinion is pure Calvinball. It makes me question everything I know about Internet “Law” when courts shamelessly disregard precedent…
Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v. Flixbus
This is a Meta Pixels case involving the bus service Flixbus. Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. This is the screenshot in question: Sorry it’s hard to read, but the gist…
Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue–Modlily v. Funlingo
This started out like every other SAD Scheme case. The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed…
Court Upholds a Browsewrap (Because It Was Really a Sign-in-Wrap)–Hoar v. Hotmart
This case involves the Hotmart service, an online marketplace of digital items. The plaintiffs claim they didn’t receive their purchased items and were charged for other unwanted services. Hotmart invoked the venue selection clause in its TOS to try to…